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What are the qualifications to become Homelot beneficiaries under the CARP or PD27

If you are already awarded EP's are u still entitled to a homelot.


RE: Home lot

Agrarian laws were enacted to help small farmers uplift their economic
status by providing them with a modest standard of living sufficient to meet
their needs for food, clothing, shelter and other basic necessities. The law
grants them the right to constitute a home lot as their dwelling and
subsistence. Because it is intimately connected with the tenancy relationship
of the landowner and the agricultural lessee, any dispute regarding its
transfer, removal or retention falls within the jurisdiction of the DARAB -- the
quasi-judicial body specially tasked to hear and adjudicate all agrarian
disputes, matters or incidents involved in or related to the implementation of
agrarian laws. Bautista vs. Mag-isa GR. No. 152564 Sept. 13, 2004.

Entitlement to a Home Lot

Tenants are entitled to home lots located at a convenient and suitable place
within the landholders property, where they can construct and maintain
their houses. These home lots will be considered as part of the tenants
[35]

leasehold. Sec. 24 of RA 3844 provides:


[36]

Section 24. Right to a Home Lot. The agricultural lessee shall have
the right to continue in the exclusive possession and enjoyment of any
home lot he may have occupied upon the effectivity of this Code, which
shall be considered as included in the leasehold.)

The right to a home lot is provided under the following provision of RA


1199, as amended by RA 2263:
[37] [38]

"Sec. 22. Rights of the Tenant.

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(3) The tenant shall have the right to demand for a home lot suitable for
dwelling with an area of not more than 3 per cent of the area of his
landholding provided that it does not exceed one thousand square meters
and that it shall be located at a convenient and suitable place within the
land of the landholder to be designated by the latter where the tenant shall
construct his dwelling and may raise vegetables, poultry, pigs and other
animals and engage in minor industries, the products of which shall accrue
to the tenant exclusively. The Tenant's dwelling shall not be removed from
the lot already assigned to him by the landholder, except as provided in
section twenty-six[39] unless there is a severance of the tenancy
relationship between them as provided under section nine,[40] or unless the
tenant is ejected for cause, and only after the expiration of forty-five days
following such severance of relationship or dismissal for cause.[41]

The evidence presented by petitioners established how the home lot was
constituted on the subject lot. Their witnesses -- Eugenio Bautista, Angelina
G. Caluag and Atty. Jose Caluag -- all testified that sometime in 1957,
respondent was allowed to construct her house on the subject lot, because
there was trouble with the Hukbalahaps in the farm she was tenanting. Under [42]

the circumstances, it was not convenient and suitable to situate the home lot
on the farm.
Since the primary purpose of a home lot is to accord the tenant a dwelling
place, there can be no valid opposition if the only available place for it is a
residential land. The current location of the home lot in the present case was,
at the time, the convenient and suitable place for dwelling. Significantly, the
landowner acceded to constitute the home lot on the alleged residential land.
Bautista vs. Mag-isa GR. No. 152564 Sept. 13, 2004
.
A homesteader has rights superior to that of a tenants under the CARP. The
homesteader is entitled to a homelot for himself and his family and to plant what is
necessary for their subsistence. Taguinod vs, Court of Appeals GR.No. 154654 Sept.
14, 2007

CARP provides:

SECTION 6. Retention Limits. — Except as otherwise provided in this Act, no person


may own or retain, directly or indirectly, any public or private agricultural land, the size
of which shall vary according to factors governing a viable family-size farm, such as
commodity produced, terrain, infrastructure, and soil fertility as determined by the
Presidential Agrarian Reform Council (PARC) created hereunder, but in no case shall
retention by the landowner exceed five (5) hectares.

Three (3) hectares may be awarded to each child of the landowner, subject to
the following qualifications:

(1) that he is at least fifteen (15) years of age; and

(2) that he is actually tilling the land or directly managing the farm:
Provided, That landowners whose lands have been covered by Presidential Decree
No. 27 shall be allowed to keep the areas originally retained by them thereunder:
Provided, further, That original homestead grantees or their direct compulsory heirs
who still own the original homestead at the time of the approval of this Act shall retain
the same areas as long as they continue to cultivate said homestead.

The right to choose the area to be retained, which shall be compact or contiguous, shall
pertain to the landowner: Provided, however, That in case the area selected for
retention by the landowner is tenanted, the tenant shall have the option to choose
whether to remain therein or be a beneficiary in the same or another agricultural
land with similar or comparable features. In case the tenant chooses to remain in
the retained area, he shall be considered a leaseholder and shall lose his right to
be a beneficiary under this Act. In case the tenant chooses to be a beneficiary in
another agricultural land, he loses his right as a leaseholder to the land retained
by the landowner. The tenant must exercise this option within a period of one (1)
year from the time the landowner manifests his choice of the area for retention. In all
cases, the security of tenure of the farmers or farmworkers on the land prior to the
approval of this Act shall be respected.

CARP under CHAPTER VII


Land Redistribution provides

SECTION 22. Qualified Beneficiaries. — The lands covered by the CARP shall be
distributed as much as possible to landless residents of the same barangay, or in the
absence thereof, landless residents of the same municipality in the following
order of priority:

(a) agricultural lessees and share tenants;

(b) (b) regular farmworkers;

(c) (c) seasonal farmworkers;

(d) (d) other farmworkers;

(e) (e) actual tillers or occupants of public lands;

(f) (f) collectives or cooperatives of the above beneficiaries; and

(g) (g) others directly working on the land.

Provided, however, That the children of landowners who are qualified under
Section 6 of this Act shall be given preference in the distribution of the land of
their parents: and Provided, further, That actual tenant-tillers in the landholdings
shall not be ejected or removed therefrom. Beneficiaries under Presidential
Decree No. 27 who have culpably sold, disposed of, or abandoned their
land are disqualified to become beneficiaries under this Program.

A basic qualification of a beneficiary shall be his

1.willingness, aptitude, and

2. ability to cultivate and make the land as productive as possible.

The DAR shall adopt a system of monitoring the record or performance of each
beneficiary, so that any beneficiary guilty of negligence or misuse of the land or
any support extended to him shall forfeit his right to continue as such
beneficiary. The DAR shall submit periodic reports on the performance of the
beneficiaries to the PARC. If, due to the landowner's retention rights or to the
number of tenants, lessees, or workers on the land, there is not enough land to
accommodate any or some of them, they may be granted ownership of other
lands available for distribution under this Act, at the option of the beneficiaries.
Farmers already in place and those not accommodated in the distribution of
privately-owned lands will be given preferential rights in the distribution of lands
from the public domain.

THE Department of Agrarian Reform (DAR) has issued new rules and procedures
governing the cancellation of registered emancipation patents (EPs), certificates of
land ownership awards (CLOAs), and other titles issued under the Agrarian Reform
Program through Administrative Order 07, Series of 2014.

Agrarian Reform Secretary Virgilio de los Reyes said this amendatory administrative
order is accordingly issued to highlight the indefeasibility of the EPs, CLOAs, and other
titles distributed under Agrarian Reform, emphasize due process in the cancellation
proceedings, streamline the cancellation process before the Agrarian Reform secretary,
protect the interest of the farmer beneficiaries, and improve the access to justice of
farmers before the DAR.

De los Reyes said the new administrative order applies to all cases involving involuntary
cancellation of individually registered EPs, CLOAs, and other titles issued by the DAR
under any Agrarian Reform Program.

He cited among others the following grounds for the cancellation of EPs, CLOAs,
and other titles issued, such as
retention area of the landowner;

landholding is excluded or exempted from coverage of Comprehensive Agrarian


Reform Program,

Presidential Decree 27, or any other agrarian reform laws;

defective or irregular Notices of Coverage;

the landholding falls under the exclusive authority of the Department of


Environment and Natural Resources or the National Commission on Indigenous
People.

Also,

erroneously issued titles;

nullification of DAR Clearance;

misuse or diversion of financial and support services extended to Agrarian


Reform Beneficiaries (ARB);

misuse of the land; material misrepresentation of the ARB’s basic qualifications;


premature conversion by ARB.

By Business Mirror
Philippines News Agency
-September 27, 2014